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Unemployment Appeals

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Post  chip Wed Sep 02, 2009 12:15 pm

I had an unemployment hearing on 8/31. Can anyone tell me how long it will take to get a final disposition? I was just told ASAP by the judge.

If the disposition is favorable how long would it take to receive a check.

Thank you in advance!

*ADMIN EDIT - Moved to the new thread Very Happy


Last edited by Unemployed In Orlando on Wed Sep 02, 2009 12:31 pm; edited 1 time in total (Reason for editing : Wrong thread)

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Post  Unemployed In Orlando Wed Sep 02, 2009 12:30 pm

Starting a new thread for people to use to post information about the appeals process on denial of claims. I do not have much knowledge about this but we have users who might be able to help you. Please use this thread for appeals and related information only, thanks Very Happy


***DISCLAIMER***
The information provided by users of this forum is not a substitute for advice and counsel from a licensed legal professional. Please seek appropriate representation for advice and use information posted only as a reference or suggestion. Thanks!


Last edited by Unemployed In Orlando on Thu Sep 03, 2009 7:11 pm; edited 1 time in total (Reason for editing : Added Disclaimer)
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Post  jkaplan2195 Wed Sep 02, 2009 1:00 pm

Unemployed In Orlando wrote:Starting a new thread for people to use to post information about the appeals process on denial of claims. I do not have much knowledge about this but we have users who might be able to help you. Please use this thread for appeals and related information only, thanks Very Happy

My son has been told to . end an appeal because his unemployment ran out. The website shows about $1600 but he cannot access it. He has heard nothing re: the appeal. Sohe has NO income. Can anyone help?

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Post  GonzoFL Wed Sep 02, 2009 1:25 pm

jkaplan2195:

My son has been told to . end an appeal because his unemployment ran out. The website shows about $1600 but he cannot access it. He has heard nothing re: the appeal. Sohe has NO income. Can anyone help?

I will help you as best I can,but I'm not sure what has happened here. So I have questions:

A) Your son was receiving benefits and then was denied on appeal?

B) We need all the info you can give us please. Start from the beginning on how this all transpired.
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Post  GonzoFL Wed Sep 02, 2009 2:24 pm

Chip:

I tried to post earlier,but it vanished into cyberspace...anyhow.....Have you checked on the AWI site(file an appeal) and look to see if your case has been adjudicated yet? If you have great,if not do so. Your referee's decision will post there before you ever get a letter of determination. Hopefully the original denial will have been REVERSED(the magic word)

If you have won....you could see money in a few days....but since the system is so back logged it may take longer. Let me know the results either way please. Thanks.
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Post  Jeff701 Wed Sep 02, 2009 4:13 pm

GonzoFL wrote:jkaplan2195:

My son has been told to . end an appeal because his unemployment ran out. The website shows about $1600 but he cannot access it. He has heard nothing re: the appeal. Sohe has NO income. Can anyone help?

I will help you as best I can,but I'm not sure what has happened here. So I have questions:

A) Your son was receiving benefits and then was denied on appeal?

B) We need all the info you can give us please. Start from the beginning on how this all transpired.

I am Jerry's son, he started this topic for me. I was collecting unemployment benefits and then a determination was made that the earning requirements was not met. My benefits have stopped as of 7/6/09. I immediately submitted an appeal when I received the letter and was supposed to have been contacted for this but to date have not.

Previous to this determination I received a letter showing a wage transcript and determination and it shows that I had available credits in the amount of $6255.00

When I call up the unemployment hotline and check my case it states that I have approximately $1600 left to collect.

Needless to say this is very confusing and frustrating. I cannot get a hold of a live person to talk , the line says all agents are busy and to call back.

I have the paperwork here, please help.

Thank you

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Post  Jeff701 Wed Sep 02, 2009 4:19 pm

I was able to check the status of my appeal online. It says TO BE EXAMINED.

I filed this on 7/24/09.

Is there any way to speed up the process?

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Post  GonzoFL Wed Sep 02, 2009 4:29 pm

Jerry:

From the dollar amount of your original determination you must have been collecting from regular unemployment benefits? I'm not sure exactly what AWI is telling you,but it looks like somewhere along the line a determination was made to the fact you didn't make enough money in a certain quarter. The funny thing is they paid out for along time before it came to a stop. It would be in your best interest to talk to someone at AWI so they can check the computer and see what the hell in fact really happened. Here's a few phone numbers for some Rep's at AWI that we have found to be very helpful. If you can't get one on the phone right away,leave a message...they will call you back. Let us know how this turns out for you Jerry.

Josh: 877-846-8770 ex5296
Cassandra: 877-846-8770 ex1493
Melody: 877-846-8770 ex5293
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Post  GonzoFL Wed Sep 02, 2009 4:33 pm

Jerry:

Even under the best conditions,the appeal process takes 45-60 days(could be longer) Sorry to say,but your at their mercy as far as speedy is concerned.
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Post  Jeff701 Wed Sep 02, 2009 4:44 pm

Thank you for the information, this is Jerry's son Jeff by the way. I appreciate your help.

They definitely seem to have something mixed up in their system. Either that or I'm mixed up.

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Post  GonzoFL Wed Sep 02, 2009 5:08 pm

Your welcome Jeff. Keep us up to date on your progress. Smile
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Post  nancym Wed Sep 02, 2009 5:40 pm

GonzoFL wrote:Your welcome Jeff. Keep us up to date on your progress. Smile

Gonzo, FYI, I replied to a general question from Jeff's dad over on the general thread, and he just replied that his son Jerry contacted Tallahassee and got it all straightened out--computer mistake or something.

Victory!
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Post  GonzoFL Wed Sep 02, 2009 5:46 pm

Outstanding news Nancy...thanks for the update. cheers
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Post  Jeff701 Wed Sep 02, 2009 6:27 pm

Victory indeed!!!!

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Post  Unemployed In Orlando Wed Sep 02, 2009 6:31 pm

GonzoFL wrote:Chip:

I tried to post earlier,but it vanished into cyberspace...anyhow.....Have you checked on the AWI site(file an appeal) and look to see if your case has been adjudicated yet? If you have great,if not do so. Your referee's decision will post there before you ever get a letter of determination. Hopefully the original denial will have been REVERSED(the magic word)

If you have won....you could see money in a few days....but since the system is so back logged it may take longer. Let me know the results either way please. Thanks.

I just responded to his PM he sent me earlier, he thought his post had vanished but I let him know I moved it into this new thread, good to see we are already making some progress with the appeal issues, good job Gonzo! Very Happy
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Post  sybdtiger Thu Sep 03, 2009 10:02 am

Hi All,

Plunging right in --

I was laid off from a sales position back in October '08, filed an initial claim in November, and started receiving benefits until I went back to work for another sales company in February of this year. That second company folded after only three months due to lack of capitalization and gave me a permanent layoff, so I went to work around the corner at another inside sales company that offered me a weekly guarantee only for the duration of an 8-week probationary period, after which time they told they would pay me on a commission-only basis. This guarantee, by the way, was $400/wk for a mandatory 6-day 52-hour work week. It wasn't a good fit for me, but I figured it was better than nothing. I was about to reach the end of the probationary period and not averaging enough sales to generate more than a couple of hundred bucks a week, when I got a lead on another company that promised me a $400/wk guarantee PLUS commissions for a 5-day 40-hour work week. Naturally, I voluntarily jumped at the new higher-paying opportunity -- only to find myself drummed out of there after just a week's training and one day's work, apparently due to personal friction with a wet-behind-the-ears supervisor.

When I attempted to reactivate my unemployment claim, I was apparently denied benefits for having had the audacity to voluntarily leave the near-worthless soon-to-be-commission-only job and for attempting to earn at least a minimum wage. I say "apparently" because I've never received any formal notice from UI, other than the form letters urging me to claim my weeks (which they're not paying me for).

So, more than five weeks since I re-filed, I have received no benefits, no notification of the claim to re-open having been denied, and therefore seem to have no formal decision even to appeal. The fact that I had been laid off previously and discharged subsequently -- and that I was accepting work far below my skill level anyway -- seems to be of no consequence to the UI evaluators. It's apparently a very black-and-white tickbox-focused process. I realize there are 500,000 of us out here filing for benefits, and I don't think I'm super-special or anything, but shouldn't there be some avenue for me to address the situation on an individuated basis? Why are they punishing me for at least trying to work? Can I file an appeal before I receive formal notification that my claim has been denied? Or does AWI expect me to go back to the commission-only place and try to get hired back so I can get fired for the sake of paperwork? And why does the fact that I voluntarily separated from a job that I would have been either fired from or unable to generate any income from anyway invalidate the other three layoffs?

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Post  GonzoFL Thu Sep 03, 2009 10:47 am

Ok....I guess the first thing that needs to be established here is,are you actually being denied benefits. So your going to need to talk to a human being that knows what the hell they are talking about. I will provide you with a few numbers that should get you in touch with someone that can access your files. There are some potential problems I see. If in fact you have been denied UC benefits(and didn't receive a letter saying that...and trust me..it can happen)) your 20 days to file an appeal are long passed. If a lower level adjudicator saw the word "quit" any where on your application to reinstate your benefits,there's a good chance you may have been denied. On the upside,AWI's computer system is so full of bugs and glitches that you may have fallen between the cracks. I suggest you call one of these 3 AWI rep's to see if they can find your file and see what the hell has happened. All have the same phone number with different extensions:
Josh-877-846-8770 ex5296
Melody ex5293
Cassandra ex1493

Let us know what they tell you and if I be of further service...just ask. BTW,if you have to leave a voice mail for one of these rep's do so...they do return their calls. Good luck.
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Post  kittyg59 Thu Sep 03, 2009 12:38 pm

When I had my appeal August 21, 2008, the determination was mailed out on 8/22/08 and funds dating back to my initial claim date were deposited on 8/28/08. You should be receiving your letter soon. Good luck.

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Post  GonzoFL Thu Sep 03, 2009 1:55 pm

kittyg59:

A quick question if I could please. On what date did you file your appeal? I'm trying to establish a time line from when the appeal was filed to the date of adjudication. It use to be 45-60 days. Thanks.

Gonzo
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Post  kittyg59 Thu Sep 03, 2009 2:15 pm

Gonzofl,
I filed my appeal on 7/21/2008.
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Post  Unemployed In Orlando Thu Sep 03, 2009 4:02 pm

GonzoFL wrote:kittyg59:

A quick question if I could please. On what date did you file your appeal? I'm trying to establish a time line from when the appeal was filed to the date of adjudication. It use to be 45-60 days. Thanks.

Gonzo

Just a quick pat on the back Gonzo, you rock! afro
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Post  sybdtiger Thu Sep 03, 2009 4:10 pm

Cheers Gonzo,

At your suggestion, I phoned Josh who was extremely personable and helpful! As it turns out, he tells me that my attempt to re-open the claim has been neither approved nor denied. It's simply been hanging in unresolved limbo this whole time! He confirmed that the voluntary quit was flagged as a "potential issue", but I guess with so many hundreds of thousands of claimants to deal with, there was never any effort made to address the issue. So... Josh indicates that there is what he calls an "in-house adjudication" department to which he's going to route my claim, and they're supposed to get in touch with me at some point in the next week or two, so that I can explain to them all the circumstances of my wacky scenario... after which they will then either approve or deny the claim. Wow. Who knew it could be like this? Anyway, really appreciate the effort you've put in to this message board. I feel better already just from knowing for certain that nothing is certain. Wink

--sybdtiger

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Post  Unemployed In Orlando Thu Sep 03, 2009 4:24 pm

Gonzo, I got a PM from one of the new users last night, I am posting below, you know anything about this you might be able to help with?

Contact] Reimbursement Appeal
From Strugglingtosurvive To Unemployed In Orlando, Yesterday at 20:53

I need help with a Reimbursement Appeal. Following an appeal hearing by the employer, I was determined to be disqualified for benefits which I had already received and was no longer to receive benefits. I appealed the determination. Then I receieved a notice that I should repay what I had already been paid in benefits for 6 weeks even while I had appealed that decision. I have until September 7, it says, to file an appeal on the reimbursement. What are the grounds for the reimbursement appeal...?? that I have appealed the original determination?? I can't find anything on the reimbursement appeal process, conditions, rules, grounds for appeal,e tc. I don't understand why I am being ask to reimburse benefits that are on appeal. Even if I did have to, I don't have the money...DA, I am unemployed. WHo do I talk to? How can I get help with this? I can't find out anything but know that I don't want to have to repay, period, but certainly not while my situation is on appeal.
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Post  GonzoFL Thu Sep 03, 2009 5:42 pm

Wow...tough question. I looked through all my material and can't find anything pertaining to reimbursement appeals. You did right by appealing the denial of benefits,however that still doesn't help us with this reimbursement question. It could be that since you have appealed the denial of benefits could be enough....but I somehow doubt it. Sorry buddy but your going to have to make a call to the State of Florida Unemployment Appeals Commission. Their number is 850-487-2685. Sorry I couldn't be more help. Good luck and let us know what you find out.
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Post  Unemployed In Orlando Thu Sep 03, 2009 6:19 pm

Gonzo, sorry to keep you so busy with the posts, but Im getting a ton of PM's since alot of new people have been joining. Since your the go to guy for my legal questions I guess Ill post this here lol!

Maybe you or even Nancy can shed some light on this for him/her -

From eshupak To Unemployed In Orlando, Today at 16:58

thank you for the welcome note. i've spent most of my afternoon searching for information on how to file a complaint against my employer who notified me that effective august 17th, i would be paid less than minimum wage for a salaried, 40 hour work week. then, to top that off, i was called in today to be presented with a written warning/final warning that if certain things are completed by close of business tomorrow, i'll be terminated.

great day. and it's raining, too.

i am only concerned that this employer doesn't deny my unemployment claim. can you give me any insight to help me?

thanx....
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